Johnson v. Truckee's Post, LLC
- Edward Davila
- 5:21-cv-04696
- U.S. District Court · Northern District of California
- 1
In Johnson v. Truckee’s Post, LLC, Judge Davila dismissed the action with prejudice because Johnson failed to pursue it after default was entered.
Scott Johnson’s action against Truckee’s Post, LLC was dismissed with prejudice after Johnson failed to file the required motion for default judgment.
What happened
In Johnson v. Truckee’s Post, LLC, Scott Johnson filed the action and obtained an entry of default against Truckee’s Post, LLC. The court then ordered him to file a request for a default judgment by November 4, 2021.
Johnson did not file that request or take further action after the clerk entered default. The court had warned that missing the deadline could result in dismissal for failure to prosecute, meaning failure to move the case forward.
Judge Edward J. Davila dismissed the action with prejudice under Federal Rule of Civil Procedure 41(b) and directed the clerk to close the file.
The detailed version
- Johnson v. Truckee's Post, LLC · No. 5:21-cv-04696
- Edward Davila
- Nov. 8, 2021
Background
Scott Johnson filed this action on June 21, 2021. He sought entry of default against Truckee’s Post, LLC, on August 17, 2021, and the clerk entered default on August 18, 2021.
On October 8, 2021, the court ordered Johnson to file a motion for default judgment by November 4, 2021. The court warned that it would dismiss the action for failure to prosecute if he did not meet that deadline. Johnson did not file the motion and had taken no further action in the case after seeking default.
Ruling
The court stated that it had inherent power to dismiss an action on its own initiative to achieve the orderly and expeditious disposition of cases. Under Federal Rule of Civil Procedure 41(b), Judge Edward J. Davila DISMISSED the action with prejudice for failure to prosecute. The clerk was ordered to close the file.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.